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LLR-BOARD OF MEDICAL EXAMINERS

Approved by LLR: July 24, 2003

Service Area: Licensure

Subject: Military Deployment

Policy and Procedure for renewal of licensees deployed on active military duty

POLICY:

House Resolution 158 of the United States Congress urges support for the members of the United States military and assistance with their transition into and out of active duty and active service. Accordingly, the South Carolina Department of Labor, Licensing and Regulation (LLR) has adopted the following policy and procedure regarding renewal of licensure for licensees who may be ordered to active military duty. The Department's goal is to avoid imposing the consequences of non-renewal upon the deployed licensee while ensuring that all statutory requirements for the health and safety of the public are reasonably satisfied.

Licensees are encouraged when possible to advise the LLR staff for their licensing board in writing before departing for active military duty. Prior notice will allow staff to accept early renewal appropriately, note the active military duty of the licensee so as to avoid a break in licensure, and avoid the issuance of notices and other orders concerning lapsed licensure status. Without prior notice, staff will be unable to identify which licensees are on active military duty until their return, long after records and documents may have been altered to reflect non-renewal or lapse of license. However, licensees who can appropriately document their period of active military duty may be granted renewal in accordance with this policy and procedure, and their licensing record will be corrected to the extent possible, so as to minimize the effects of their previous non-renewal.

This policy of the South Carolina Department of Labor, Licensing and Regulation cannot affect the activities of other credentialing entities and the Department cannot require them to adjust their records to reflect the retroactive application of this policy.

PROCEDURE:

Prior Notice Received

  1. If written notice is received at any time during the current licensing period that a licensee in good standing is or has been ordered to active military duty, staff shall make appropriate notation in the licensee's records. Such notation should assure that the subject license is maintained in good standing during the licensee's absence on active military duty. LLR will continue to send routine notices to licensees, including renewal applications, to the licensee's address of record. However, no late fees or penalties shall be assessed upon failure of the licensee to make a timely response. Early renewal may be accepted by staff if tendered by the licensee.
  2. Upon written notice that the licensee has returned from active military duty and wishes to resume practice, staff shall make appropriate notation in the licensee's records and administratively reinstate the licensee to active practice upon receipt of appropriate renewal fees. No late fees or penalties will be assessed. Compliance with any delinquent continuing education or other applicable requirements shall be extended for not more than one year from the date of return from active military duty or practice under the license, whichever is earlier.
  3. Staff shall provide written notice to the licensee that any delinquent continuing education or other applicable requirements must be satisfied as soon as practicable, but not later than one year from the date of return from active military duty or practice under the license, whichever is earlier. At the end of the one year makeup period, any delinquent requirements from the period of active military duty must be completed. Upon request, the licensing board, for good cause shown, may grant additional time in which to fulfill any delinquent requirements. A failure to timely complete any delinquent requirements shall result in cancellation of the license, until such time, if ever, as all requirements have been satisfied and until further order of the licensing board.

Notice Received After Lapse

  1. If written notice is received after a license has lapsed for nonrenewal while a licensee was ordered to active military duty, staff shall make appropriate notation in the licensee's records and administratively reinstate the licensee to active practice upon receipt of all renewal fees. No late fees or penalties will be assessed. Compliance with any delinquent continuing education or other applicable requirements shall be extended for not more than one year from the date of return from active military duty or practice under the license, whichever is earlier.
  2. Staff shall provide written notice to the licensee that any delinquent continuing education or other applicable requirements must be satisfied as soon as practicable, but not later than one year from the date of return from active military duty or practice under the license, whichever is earlier. At the end of the one year makeup period, any delinquent requirements from the period of active military duty must be completed. Upon request, the licensing board, for good cause shown, may grant additional time in which to fulfill any delinquent requirements. A failure to timely complete any delinquent requirements shall result in cancellation of the license, until such time, if ever, as all requirements have been satisfied and until further order of the licensing board.

No practice by auxiliaries or companies in absence.

A licensee who has been deployed on active military duty may not act as a supervisor for another person or entity or act as a qualifying party for a company or other entity, if required by law. Another properly licensed person should assume the role of supervisor or qualifying party.

Prior approval of licensing board required before return to practice.

Upon return from active military duty, no licensed professional should reenter practice in South Carolina without first having been administratively reinstated in accordance with this policy and procedure or prior approval of the appropriate licensing board. It is the responsibility of the licensee to notify LLR and to fulfill any continuing education or other applicable requirements as soon as possible, regardless of whether the license in question has lapsed for nonrenewal or has been continued by action of notification of deployment. This is particularly important if the professional has not completed the necessary continuing education, supervised practice, or other applicable requirements to qualify for renewal. Resumption of practice in South Carolina without first being administratively reinstated to practice is prohibited and may result in disciplinary action by the licensing board or commission.

Power of Attorney not acceptable for renewal.

Another person may not use a power of attorney to renew the license of a licensee. State law requires that individuals demonstrate their personal qualifications for the issuance or renewal of a license to engage in a profession or occupation. Therefore, a power of attorney is inappropriate for purposes of renewal.